HomeMy WebLinkAbout11117RESOLUTION NO. 11117
A RESOLUTION APPROVING AN AIRPORT JOINT USE AGREEMENT BETWEEN THE CITY
OF PUEBLO, PUEBLO MEMORIAL AIRPORT, OF THE STATE OF COLORADO AND THE
UNITED STATES OF AMERICA, ACTING BY AND THROUGH THE COMMANDER, AIR
FORCE RESERVE COMMAND AND THE COMMANDER, AIR FORCE SPECIAL
OPERATIONS COMMAND, (COLLECTIVELY, "AIR FORCE "), AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1 _
A certain Airport Joint Use Agreement, a copy of which is attached hereto and made a
part hereof by reference, after having been approved as to form by the City Attorney, by and
between the City of Pueblo, Pueblo Memorial Airport, of the State of Colorado and the UNITED
STATES OF AMERICA, acting by and through the Air Force relating to delineation of
responsibility for operation and maintenance of the flying facilities and to establish the Air
Force's reasonable share, proportional to such use, of the cost of operating and maintaining
such jointly used flying facilities is hereby approved, subject to the conditions as set forth in said
Airport Joint Use Agreement.
SECTION 2.
The President of City Council is hereby authorized to execute said Airport Joint Use
Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal
of the City there to and attest the same.
INTRODUCED September 24, 2007
BY Randy Thurston
Councilperson
APPROVED: a
#?ESIDEINTof City Council
ATTESTED BY:
CITY CLERK
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Background Paper for Proposed
RESOLUTION
AGENDA ITEM #
DATE: September 24, 2007
DEPARTMENT: AVIATION - DANIEL E. CENTA, P.E.
TITLE
A RESOLUTION APPROVING AN AIRPORT JOINT USE AGREEMENT BETWEEN THE
CITY OF PUEBLO, PUEBLO MEMORIAL AIRPORT, OF THE STATE OF COLORADO
AND THE UNITED STATES OF AMERICA, ACTING BY AND THROUGH THE
COMMANDER, AIR FORCE RESERVE COMMAND AND THE COMMANDER, AIR
FORCE SPECIAL OPERATIONS COMMAND, (COLLECTIVELY, "AIR FORCE ") AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
ISSUE
SHOULD CITY COUNCIL APPROVE AN AIRPORT USE AGREEMENT BETWEEN THE
CITY OF PUEBLO, PUEBLO MEMORIAL AIRPORT AND THE UNITED STATES OF
AMERICA, ACTING BY AND THROUGH THE AIR FORCE?
RECOMMENDATION
Approval of this Resolution.
Title 49, United States Code, Chapter 471, "Airport Development," provides that each of the
Airport's facilities developed with financial assistance from the United Sates Government will be
available without charge for use by Government aircraft except that if the use is substantial, the
Government may be charged a reasonable share, proportionate to the use. The Government, at this
time, acknowledges substantial use of the flying facilities at the Airport.
FINANCIAL IMPACT
The Government shall pay to the City as its proportionate share of operating and maintaining
the Jointly Used Flying Facilities an amount each year of $554,887.54 payable in equal
monthly installments of $46,240.63 each. The term of this Agreement shall be effective for
five (5) years beginning October 1, 2007 and ending September 30, 2012.
AIRPORT JOINT USE AGREEMENT
BETWEEN
Pueblo Memorial Airport
AND
UNITED STATES OF AMERICA
AND
STATE OF COLORADO
(PUEBLO MEMORIAL AIRPORT)
TABLE OF CONTENTS
AIRPORT JOINT USE AGREEMENT ..........................................................
............................... 2
RECITALS ..................................................................................................
............................... 2
AGREEMENT .............................................................................................
............................... 2
1 DEFINITIONS .................................................................................
..............................2
2 . JOINT USE .....................................................................................
............................... 3
3. CITY RESPONSIBILITIES ............................................................
............................... 3
4. AIR FORCE RESPONSIBILITIES ................................................
............................... 4
5 . PAYMENTS ...................................................................................
............................... 4
6. AIRFIELD MANAGEMENT .........................................................
............................... 5
7. AIR FORCE RESERVED RIGHTS ...............................................
............................... 5
8. FIRE PROTECTION AND CRASH RESCUE SERVICES ..........
............................... 5
9. RECORDS AND BOOKS OF ACCOUNT ....................................
............................... 5
10 TERM ..............................................................................................
............................... 6
11. TERMINATION .............................................................................
............................... 6
12. GENERAL PROVISIONS ..............................................................
............................... 6
13. MAJOR REPAIRS AND NEW CONSTRUCTION ......................
............................... 7
14 NOTICES ........................................................................................
............................... 8
15 EXHIBITS ........................................................................................
..............................8
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AIRPORT JOINT USE AGREEMENT
THIS AGREEMENT made and entered into as of this I day of 2007, by and
between the City of Pueblo, Pueblo Memorial Airport, of the State of Colorado, ( City "); and the
UNITED STATES OF AMERICA, acting by and through the Commander, Air Force Reserve
Command.
RECITALS
A. The City owns and operates Pueblo Memorial Airport (Airport"), located in the County
of Pueblo State of Colorado.
B. Title 49, United States Code, Chapter 471, "Airport Development," (49 U.S.C. Sections
47101 - 47129), provides that each of the Airport's facilities developed with financial assistance
from the United States Government and each of the Airport's facilities usable for the landing and
taking off of aircraft always will be available without charge for use by Government aircraft in
common with other aircraft, except that if the use is substantial, the Government may be charged a
reasonable share, proportionate to the use, of the cost of operating and maintaining the facility
used.
C. The Government requires substantial use of the flying facilities at the Airport for the
302n Airlift Wing, (302 AW) Air Force Reserve Command and the 58 Special Operation Wing,
(58 SOW) as well as for other occasional transient Department of Defense aircraft. All Initial
Flight Screening (IFS) operations accomplished through Doss Aviation or their predecessors will
be funded through a separate agreement with the City. All other Government aircraft will be
responsible for any fees associated with their substantial use of the flying facilities. Contract
operation and use by other Governmental Agencies ; are addressed through separate arrangements
with the City and are not parties to this agreement.
D. The City is agreeable to such substantial use, in common with other users of the
Airport, of the flying facilities by the parties named in this agreement.
E. The Air Force and the City desire to provide for the delineation of responsibility for
operation and maintenance of the flying facilities jointly used in common with others at the
Airport, and to establish the Air Force's reasonable share, proportional to such use, of the cost of
operating and maintaining such jointly used flying facilities.
DEFINITIONS
AGREEMENT
For purposes of this Agreement, the jointly used flying facilities of the Airport are the
runways, taxiways, lighting systems, navigational aids, markings and appurtenances open to public
use and use by the Air Force, including all improvements and facilities pertaining thereto and
situated thereon and all future additions, improvements, and facilities thereto as may be added or
constructed from time to time ( "Jointly Used Flying Facilities "). The Jointly Used Flying
Facilities do not include land areas used exclusively by the Air Force or the terminal buildings,
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hangars, aircraft parking aprons and ramps, or other areas or structures used exclusively by the
City or its lessees, permittees, or licensees for civilian or commercial purposes. The Air Force
maintains no exclusive use interests at Pueblo Memorial Airport.
2. JOINT USE
Subject to the terms and conditions of this Agreement, the Air Force shall have the use, in
common with other users of the Airport, present and prospective, of the Jointly Used Flying
Facilities, together with all necessary and convenient rights of ingress and egress to within the
Airport as required. Routes for ingress and egress for the Air Force's employees, agents, customers
and contractors shall not unduly restrict the Airport in its operations.
3. CITY RESPONSIBILITIES
The City will be responsible for and or ensure the following services and functions are
performed or are available, to standards in accordance with Paragraph 6 below:
a. Furnishing all personnel, materials and equipment required in the rendering of the
services to be provided under the Agreement.
b. Performing any and all maintenance of the Jointly Used Flying Facilities, including
but not limited to:
(1) Joint sealing, crack repair, surface repairs, airfield markings and repair or
replacement of damaged sections of airfield pavement;
(2) Runway, taxiway, and approach lighting and the regulators and controls
therefor;
(3) Beacons, obstruction lights, wind indicators, and other navigational aids;
(4) Grass cutting and grounds care, drainage, and dust and erosion control of
unpaved areas, adjacent to runways and taxiways;
(5) Sweeping runways and taxiways;
(6) Control wildlife hazards to aircraft operations;
(7) Removing snow, ice and other hazards from runways and taxiways within a
reasonable time after such runways and taxiways have been so encumbered.
C. Furnishing utilities necessary to operate the Jointly Used Flying Facilities.
d. Coordinating the removal bf disabled aircraft as expeditiously as possible, subject
to the rules and regulations of the National Transportation Safety Board, in order to minimize the
time the Jointly Used Flying Facilities, or any part thereof, would be closed because of such
aircraft.
e. Providing fire fighting and crash rescue services, subject to Paragraphs 4a and 8.
f Perform security checks in accordance with the.airport certification manual to
protect the Jointly Used Flying Facilities.
g. Ensuring that either the Airport Manager or his or her designee is available a 24-
hour a day, seven days per week basis.
4. AIR FORCE RESPONSIBILITIES
The Air Force will be responsible for the following:
a. Subject to availability of appropriations therefore, repairing within a reasonable
time damage to the Jointly Used Flying Facilities to the extent that such damage is caused solely
by Government aircraft operations and/or Government equipment installed and maintained by the
Government on the Jointly Used Flying Facilities and is in excess of the fair wear and tear
resulting from the military use contemplated under this Agreement.
b. Removing disabled Government aircraft as expeditiously as possible in order to
minimize the time the Jointly Used Flying Facilities, or any part thereof, would be closed because
of such aircraft.
5. PAYMENTS
a. In consideration of and for the faithful performance of this Agreement, and subject
to the availability of Federal appropriations, the Government shall pay to the City as its
proportionate share of operating and maintaining the Jointly Used Flying Facilities an amount each
year of $554,887.54, payable in equal monthly installments of Forty -six thousand two hundred
forty dollars and sixty -three cents ($46,240.63) each.
b. Payments for the periods set out in Paragraph 5a above shall he made upon
submission of appropriate bills to the Air Force as designated in Paragraph 5c below; provided,
however, that if during the term of this Agreement, sufficient funds are not available through the
annual appropriations at the beginning of any fiscal year to carry out the provisions of this
Agreement, the Air Force will so notify the City in writing.
C. Bills for the payments provided hereunder shall be directed to:
Headquarters 302nd Airlift Wing/CC
450 W. Hamilton Ave., Ste 171
Peterson AFB, CO, 80914
Or to such other address as the Air Force may from time to time provide to the City in writing.
4
d. Either party may request renegotiation if either party, at the request or with the
formal concurrence of the other, as the case may be, requires services not contemplated by this
Agreement, or reduces or eliminates services it undertakes to provide under this Agreement.
6. AIRFIELD MANAGEMENT
a. The City agrees that maintenance of the Jointly Used Flying Facilities shall, at all
times, be in accordance with Federal Aviation Administration ( "FAA ") standards for the operation
of a commercial airport and operation of jet aircraft.
b. The Government agrees that any markings and equipment installed by it pursuant to
Paragraph 7 of the Agreement shall not be in conflict with FAA standards.
AIR FORCE RESERVED RIGHTS
The Air Force reserves the right, at its sole cost and expense and subject to Paragrapl 6b
above, to:
a. Provide and maintain in the Jointly Used Flying Facilities airfield markings
required solely for military aircraft operations.
b. Install, operate and maintain in the Jointly Used Flying Facilities any and all
additional equipment necessary for the safe and efficient operation of military aircraft, including
but not limited to arresting systems and navigational aids.
8. FIRE PROTECTION AND CRASH RESCUE SERVICES
The City shall be responsible for and provide fire protection and crash rescue services for both
civil and Air Force aircraft operations at the Airport in accordance with FAA standard of operation
of a commercial airport and operation of jet aircraft. The City, through its Fire Department,
maintains fire fighting and crash rescue operations with duty personnel consisting of trained fire
fighters and equipment of three (3) fire vehicles, one with a capacity of 3000 gallons of water, 450
pounds of dry chemical and 400 gallons of light water (AFFF); and the others with a total capacity
of 500 gallons of water, 300 pounds of dry chemical, and 50 gallons of light water. At least one
light dash vehicle is first aid equipped. If the City needs to exchange equipment, they will notify
the Air Force at least 30 days prior to making such exchange. Crash/rescue services will be
provided for both civil and Air Force aircraft 24 hours, daily.
9. RECORDS AND BOOKS OF ACCOUNT
The City agrees to keep records and books of account, showing the actual cost to it of all items of
labor, materials, equipment, supplies, services, and other expenditures made in fulfilling the
obligations of this Agreement. The Comptroller General of the United States or any of his or her
duly authorized representatives shall, until the expiration of three (3) years after final payment, ,
have access at all times to such records and books of account, or to any directly pertinent books,
documents, papers, and records of any of the City's contractors or subcontractors engaged in the
performance of and involving transactions related to this Agreement. The City further agrees that
representatives of the Air Force Audit Agency or any other designated representative of the
Government shall have the same right of access to such records, books of account, documents and
papers as is available to the Comptroller General.
10. TERM
This Agreement shall be effective for a term of five (5) years beginning October 1, 2007, and
ending September 30, 2012.
11. TERMINATION
a. This Agreement may be terminated by either party at any time by giving at least one
hundred eighty (180) days' notice thereof in writing to the other party. It is understood that
termination of this agreement does not affect the overriding authority allowing Air Force use of the
Airport pursuant to Title 49, United States Code, Chapter 471, "Airport Development," (49 U.S.C.
Sections 47101- 47129).
b. (1) The Air Force, by giving written notice to the City, may terminate the right
of the City to proceed under this Agreement if it is found, after notice and hearing by the Secretary
of the Air Force or his or her duly authorized representative, that gratuities in the form of
entertainment, gifts, or otherwise, were offered or given by the City, or any agent or representative
of the City, to any officer or employee of the Air Force with a view toward securing this
Agreement or securing favorable treatment with respect to the awarding or amending, or the
making of any determinations with respect to the performing of such agreement, provided that the
existence of the facts upon which the Secretary of the Air Force or his or her duly authorized
representative makes such findings shall be an issue and may be reviewed in any competent court.
(2) In the event this Agreement is terminated as provided in subparagraph
I lb(1) above, the Air Force shall be entitled to pursue the same remedies against the City as it
could pursue in the event of a breach of the Agreement by the City and in addition to any other
damages to which it may be entitled by law, the Air Force shall be entitled to exemplary damages
in an amount (as determined by the Secretary of the Air Force or his or her duly authorized
representative) which shall be not less than three (3) nor more than ten (10) times the costs
incurred by the City in providing any such gratuities to any such officer or employee.
(3) The rights and remedies of the Government provided in subparagraph
I lb(2) above shall not be exclusive and are in addition to any other rights and remedies provided
by law or under this Agreement.
12. GENERAL PROVISIONS
a. Compliance with Law.. The City shall comply with all Federal, state and local laws,
rules and regulations applicable'to the activities conducted under this Agreement.
b. Assignment. Neither party shall transfer or assign this Agreement without the prior
written consent of the other, which shall not be unreasonably withheld or delayed.
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c. Liability. Except as otherwise provided in this Agreement, neither party shall be liable
for damages to property or injuries to persons arising from the use of the Jointly Used Flying
Facilities or occurring as a consequence of the performance of responsibilities under this
Agreement.
d. Third Party Benefit. No member or delegate to Congress shall be admitted to any share
or part of this Agreement or to any benefit that may arise therefrom, but this provision shall not be
construed to extend to this Agreement if made with a corporation for its general benefit.
e. Entire Agreement. It is expressly agreed that this written instrument embodies the entire
financial arrangement and agreement of the parties regarding the use of the Jointly Used Flying
Facilities by the Air Force, and there are no understandings or agreements, verbal or otherwise,
between the parties in regard to it except as expressly set forth herein. Specifically, no landing
fees or other fees not provided in this Agreement will be assessed by the City against the Air Force
for the use of the Jointly Used Flying Facilities during the term of this Agreement.
£ Modification. This Agreement may only be modified or amended by mutual agreement
of the parties in writing and signed by each of the parties hereto.
g. Waiver. The failure of either party to insist, in any one or more instances, upon the strict
performance of any of the,terms, conditions, covenants, or provisions of this Agreement shall not
be construed as a waiver or relinquishment of the right to the future performance of any such
terms, conditions, covenants, or provisions. No provision of this Agreement shall be deemed to
.have been waived by either party unless such waiver is accomplished in accordance with
paragraph 12.f, above
h. Paragraph Headings. The brief headings or titles preceding each paragraph and
subparagraph are merely for purposes of identification, convenience, and ease of reference, and
will be completely disregarded in the construction of this Agreement.
i. Funds Availability. Financial obligations of City payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
available; provided, however, that if during the term of this Agreement, sufficient funds are not
available through at the beginning of any fiscal year to carry out the provisions of this Agreement,
the City will so notify the Air Force in writing.
13. MAJOR REPAIRS AND NEW CONSTRUCTION
Major repair projects and /or new construction projects required for the Jointly Used Flying
Facilities (collectively, "Joint Use Projects ") are not included under this Agreement. Any Air
Force contribution to Joint Use Projects shall be the subject of separate negotiations and written
agreement between the City and the Air Force at such time as the work is required. Any Air Force
participation in the costs of Joint Use Projects is subject to the availability of Federal funds for
such purpose at the time the work is required.
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14. NOTICES
No notice, order, direction, determination, requirement, consent or approval under this
Agreement shall be of any effect unless it is in writing and addressed as provided herein.
a. Written communications to the City shall be addressed to:
Department of Aviation
31201 Bryan Circle
Pueblo, CO 81001
Phone: (719) 553-2760
b. Written communications to the Government shall be in triplicate with copies to the
United States of America and the State of Colorado addressed respectively, as follows:
To the Air Force Reserves:
302 Airlift Wing/CC
450 W. Hamilton Ave., Ste 171
Peterson AFB CO 80914
Notification of any change in the above addresses shall be made in writing to the other party at
least 30 days before the effective date of the change.
15. EXHIBITS
No exhibits are attached to and made a part of this Agreement.
[Signature page follows.]
no
IN WITNESS WHEREOF, the respective duly authorized representatives of the parties
hereto have executed this Agreement on the date set forth opposite their respective signatures.
City of Pueblo
PUEBLO MEMORIAL AIRPORT
Dated:
By:
Approved as to form:
By:
Dated: /7 /J CC 6 - 7
By: A i
ALLAN R. POULIN, Major'General, USAF
Vice Commander
UNITED STATES OF AMERICA
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